Legal Information: Minnesota


October 5, 2022

What factors will a judge consider when deciding if the parents should have joint custody?

If one or both parents are asking for joint legal custody, there is a “rebuttable presumption” for joint legal custody. What this means is that the judge will assume that joint legal custody is in the best interests of the child but either parent can present evidence to the judge to change his/her mind. However, if one parent has committed domestic abuse, this standard does not apply.1 See Can a parent who committed domestic abuse get custody? for more information.

    1 Minn. Stat. § 518.17(1)(b)(9)

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